Restricting access to sites of dangerous goods incidents and dangerous situations
40 Restricting access to sites of dangerous goods incidents and dangerous situations
In this section —
unauthorised person, in relation to a restricted access site, means any person other than —
a DGO, a police officer, or an officer or employee in the department of the Public Service that principally assists the Minister with the administration of the Fire and Emergency Services Act 1998; or
a person authorised by a person referred to in paragraph (a).
If a DGO reasonably suspects that a dangerous goods incident has occurred, or that a dangerous situation exists, at a place and that it is necessary to isolate the place for the purposes of —
investigating and dealing with the incident or situation; or
ensuring that people or property will not be endangered,
the DGO may establish a restricted access site that includes the place and, if necessary, an area around it.
In order to establish a restricted access site, a DGO must take reasonable measures to notify people of the existence and boundaries of the site.
The area of a restricted access site must not be greater than is reasonably necessary for the purposes for which it is established.
The boundaries of a restricted access site may be altered at any time.
A DGO must disestablish a restricted access site when the purposes for which it was established cease to exist.
While a restricted access site is established, a DGO may remain at the site and take reasonable measures, including giving orders —
to secure the site against, and to prevent, unauthorised entry or disturbance;
to remove an unauthorised person from the site; or
if there is a vehicle at the site, to prevent the vehicle from being moved.
While a restricted access site is established, an unauthorised person must not, without reasonable excuse, enter it.
Penalty: $10 000.
While a restricted access site is established, an unauthorised person must not, without reasonable excuse, disturb any thing at the site.
Penalty: $10 000.
[Section 40 amended: No. 22 of 2012 s. 118.]
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